TCI Cablevision of Oregon, Inc - Permit & ROW CITY OF TIGARD
PERMIT and RIGHT-OF-WAY
AGREEMENT
The City of Tigard,Washington County, Oregon(hereinafter"City") authorized to and hereby does
grant to TCI Cablevision of Oregon,Inc. (hereinafter"TCP')a non-exclusive permit and right of way
agreement to allow for the construction, operation and maintenance of a cable communications
system in the area identified in"Exhibit A." The grant of this permit and right-of-way agreement is
in consideration of the payment by TCI to Tigard of a fee in the amount of five per cent(5%) of the
gross receipts generated in any manner through the operation of the cable system under this franchise.
This amount is separate from any amount of monies and/or other monetary or non-monetary
obligations owed Tigard as a result of its participation in and entitlements arising under the franchise
agreement between TCI and the Metropolitan Area Communications Commission (hereinafter
"MACC").
Except as specifically identified below, the terms of the permit and right-of-way agreement shall be
identical tothe"Cable Television Franchise Agreement between Washington County, Oregon and TCI
Cablevision of Oregon, Inc.", a copy of which is attached hereto as Exhibit"C" and incorporated
herein by reference.
1. "Grantor" as defined in Section 2(s) of"C", shall mean the City of Tigard;
2. The term of the agreement (as set out in Section 3.1 of"C") shall commence as of the date
executed by both Tigard and TCI and end on February 10, 1999, unless otherwise provided for by
the parties in a subsequent agreement;
3. TCI shall not be obligated nor shall pay Tigard any monies under the terms of this right of
way permit other than the 5% franchise fee referred to above, including the amount referred to as
"PEG access capital funding" in Section 6.6(b)of"C" and the amount referred to as "Incidental
Payment" in Section 8.5 of"C." However, Tigard shall be an additional named beneficiary of the
faithful performance bond required to be posted by TCI under the terms of Section 8.2 of"C."
4. TCI agrees to defend, indemnify and hold harmless Tigard consistent with the terms of and
obligations under Section 8.3 and 8.4, of"C."
5. TCI shall not be required to perform other system tests in addition to those required of TCI
under the terms of the Section 5.12 of "C" nor required to provide the City a separate annual report
pursuant to the terms of Section 12.3(b) of"C."
PERMIT AND RIGHT-OF-WAY AGREEMENT
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6. TCI shall send all notices and other communications concerning this permit and right of way
to Tigard's agent for such matters to:
Metropolitan Area Communications Commission
Suite 6020
1815 NW 169th Place
Beaverton, Oregon 97006-4886.
Accepted this ?4ay of IL �, , 1996, subject to applicable federal, state and local law.
CITY OF TIGARD, OREGON TCI CABLEVISION OF OREGON, INC.
William A. Monahan, Administrator David Reynolds, President
i
METROPOLITAN AREA
CO CATIONS
CO SS ON (MACC)
poe\ac m\90024Vcimw.agr(4/19/96)
PERMIT AND RIGHT-OF-WAY AGREEMENT
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